The Keshavananda Bharati case saw the evolution of basic structure which deadline to balance the flexibility and rigidity of Indian constitution.
It ensures constitutional supremacy by:
1Protecting core elements from encroachment.
(A) NIAC use, financial independence as part of basic structure
2Admitting blanket operations
(A) Minerva mills case: 42nd CAA to settle 310, read down
3Evoke a reminiscent philosophy.
However, it also respects parliament's authority:
1allowing structured reforms
(A) GST101st CAA
2requesting wisdom of parliament
(A) Forbid oblivion: pwc quote allowed
3for current excess in higher powers, in political exigencies.
CASES DOCTRINE IN & ISSUES:
(A) core doctrine in & Kelso case
(A) upheld principles of check & balance
NEW I Chandra Kumar case struck HC appellate authority
(B) Keep wisdom of constitutional assembly
NEW SE referred to debate in SR Bommai case (securities part of basic structure)
(C) Evident as reminiscent historiography
However, it also respects parliament's authority:
1allowing structured reforms
(A) GST101st CAA
2requesting wisdom of parliament
(A) Forbid oblivion: pwc quote allowed
3for current excess in higher powers.
Areas doctrine in & Kelso case:
(A) upheld principles of checks & balance
NEW I Chandra Kumar case: struck HC appellate authority
(B) Keep wisdom of constitutional assembly
NEW SE referred to debate in SR Bommai case (securities part of basic structure)
(C) Evident as reminiscent historiography.
(A) Under not under progressive reform
NEW 106th CAA: Harji Shakti Vandana adhinayam
(B) guides parliament for legislation
NEW 24th CAA: Kept Keshavananda Bharati care in mind
(C) delivers to doctrine of prosperous ruling
NEW 24th April 1973 enleaf in & Kelso case
Issue with basic structure:
1Non-codified and indefinite
(A) NIAC caseNIAC invalidated
2Uncertainty of judicial stance
NEW PWC caseallowed
3Discretionary powers to judiciary
4Extra constitutional concept.
More legal clarity on the subject assent to a long vista.
Despite ULBs are given constitutional recognition under Article 243Q under 74th CAA—to serve as tools of betterment in democracy.
Financial provisions:
115th schedule provides various supplies for local body funds
2Article 243I → state finance commission for financed
315th FC, 40% united funds to ULB
4Article 273, 27L: statutory and discretionary grants to ULBs.
Issues around finances & institutions:
FINANCES:
1RBI → AD-ACY, grant disparity of DLB
Only 21-34Y generated by own taxes
2property tax collection: India 80.2%, OECD ~2%
Recent positionsHyderabad MC: gleam bonds, Indore, Bhopal have used municipal bonds exclusively.
Issues around finances & institutions:
FINANCES & INSTITUTIONAL WARNINGS
1Inept & lack of framed personnel
2Emergence of parallel leads in district rural development agency info
3irregularity in procedures
4Chandigarh mayor election scandal
4lack of power distribution.
Way forward:
1fractal constitutionally recognized (NCRWC) power delineation
2constitutional share in state financial commission
3pooled financing concept
4create urban-local-body-block-centrancy (SSJ fusion will go sitting in sites by SVDT (WTI)-style).
Lessons for the above:
1discretionary control of state government
2mistrust in power devolution and decentralization
3each of integer amassed forward
Way forward:
1facets constitutionally recognized (NCRWC) power delineation
2constitutional share in state financial commission
3pooled financing concept
4create urban-local-body-block-centrancy (SSJ fusion will go sitting in sites by SVDT (WTI)-style)
5create Indian local body stock enough - separate radon model of Gujarat same are essential as SSJ fraction still no sitting in sites by SVDT (WTI) styled)
Conclusion: More sustained urban local body reform is pivotal for effective urban governance and economic development.
Lesson for the above:
1discretionary control of state government
2mistrust in power devolution and decentralization
3each of integer amassed forward
Way forward:
1facets constitutionally recognized (NCRWC) power delineation
2constitutional share in state financial commission
3pooled financing concept
4create urban-local-body-block-centrancy (VLBA, ULBC, VLRC) as escrow
5create Indian local body stock enough - separate radon model of Gujarat same are essential as SSJ fraction still no sitting in sites by SVDT (WTI)-style
6create Indian local body stock enough - separate radon model of Gujarat same are essential as SSJ fraction still no sitting in sites by SVDT (WTI)-style
Lessons for the above:
1discretionary control of state government
2mistrust in power devolution and decentralization
3each of integer amassed forward
Way forward:
1facets constitutionally recognized (NCRWC) power delineation
2constitutional share in state financial commission
3pooled financing concept
4create Indian local body stock enough - separate radon model of Gujarat same are essential as SSJ fractions will no sitting in sites by SVDT (WTI-style)
5create Indian local body stock enough - separate radon model of Gujarat same are essential as SSJ fractions will no sitting in sites by SVDT (WTI-style)
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Conclusion
INSTITUTIONAL WEAKNESSES:
(1) Overall black of framed personnel
(2) Emergence of parallel leads in district rural development agency info
(3) irregularity in procedures
(4) Chandigarh mayor election scandal
(4) lack of power distribution.
More sustained urban local body reform is pivotal for effective urban governance and economic development.